Torres Batiz v. Registrar of Property of Utuado
Torres Batiz v. Registrar of Property of Utuado
Opinion of the Court
delivered the opinion of the Court.
This is an administrative appeal from the decision of the Registrar of Property of Utuado refusing to record a deed of assignment of hereditary rights.
Herminio Torres Lugo left ten heirs, among them Alejandro Santos and appellant Eduardo Torres Batiz. A joint ownership in a certain farm which was assessed for purposes of inheritance tax at five thousand dollars by the former
We agree with appellant’s contention. “That a transfer by an heir of all his rights and actions in an inheritance is perfectly valid and creates rights in the grantee, is the constant jurisprudence of this court.” Rola v. Succession of Hernandez, 15 P.R.R. 738; Velilla v. Pizá et al., 17 P.R.R. 1069-70; Plantations Company v. Smith, 23 P.R.R. 365-66; Soriano et al. v. Rexach et al., 23 P.R.R. 531. Succession of Rivera v. Hernández et al., 26 P.R.R. 728, 730. The right of an heir to inherit from his father accrues at the death of the latter and from that moment the heir may alienate his inheritance. Méndez v. Registrar of Property, 18 P.R.R. 777. A deed conveying a hereditary right is recordable although no suitable adjudication of the property has been made, provided the right previously has been recorded in the name of the transferor, and even if the latter
As to that part of the Registrar’s decision which states that the assignment probably “amounts to a gift,” the form of the refusal does not show on what ground it was made. Such a statement is a mere conjecture which, so far as we have been able to determine, has no merit.
We must call the attention of registrars to their duty to state clearly the real grounds for their refusal to record or make an entry. They should not leave to the applicants or to this Court the task of guessing at them.
The Registrar’s decision is reversed and the deed will be recorded.
It appears from respondent’s brief that the condominium was recorded in the name of the heirs of Torres Lugo as a co-ownership of undivided property.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.